Equity & Trusts Law Directions (5th edn)
Gary Watt
Abstract
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract, and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements, and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including Futter v HMRC Futter v HMRC Commissioners; Pitt v HMRC Commissioners (2013) UK Supreme Court (on the review of trustee discretions), Prest v Petrodel (2013) UK Supreme Court (on resulting trust and statutory formalities), Day v Royal College of Music (2013) Court of Appeal (on the rule in Strong v Bird) and AG v Charity Commission Upper Tribunal (Tax And Chancery Chamber) (2012) on poverty charities. It also provides coverage of The Trusts (Capital and Income) Act 2013 and the Charity Commission’s 2013 official guidance on public benefit.
Keywords:
equity,
trusts,
property,
contract,
restitution,
trusteeship,
tracing,
liability,
remedies,
breach of trust. Futter,
Pitt,
Prest,
Charity Commission Upper Tribunal,
Charities Act 2011,
Trusts (Capital and Income) Act 2013,
Charity Commission,
Public Benefit
Bibliographic Information
- Publisher:
- Oxford University Press
- Print Publication Date:
- Apr 2016
- Print ISBN-13:
- 9780198747628
- Published online:
- Sep 2016
- DOI:
- 10.1093/he/9780198747628.001.0001
© Gary Watt 2016